The Gujarat Revenue Tribunal Act, 1957

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The Bombay Revenue Tribunal Act, 1957
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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

BOMBAY ACT No, XXXI OF 1958

The Bombay Revenue Tribunal Act, 1957

(As modified upto 31st August, 2007)

The Bombay Revenue Tribunal Act, 1957
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THE BOMBAY REVENUE TRIBUNAL ACT, 1957
CONTENTS.

PREAMBLE.

SECTIONS. PAGE No.

1. Short title, extent and commencement.

2. Definitions.

3. Gujarat Revenue Tribunal.

4. President and Members.

5. Vacancy and temporary absence.

6. Registrar and Deputy Registrars.

7. Headquarters.

8. Place of sitting.

9. Jurisdiction of Tribunal.

10. Jurisdiction barred in certain cases.

11. Jurisdiction of State Government resumed.

12. Powers of Tribunal under other laws not affected.

13. Tribunal to have powers of a Civil Court.

14. Practice and procedure.

15. State Government to be heard in certain cases.

16. No appeal to lie.

17. Review of orders of Tribunal.

18. Manner of executing orders passed by Tribunal.

19. Exemption from Court-fees.

20. Rules

21. Repeals, savings and construction.

22. Consequential amendments.

23. Transition from existing tribunal, Board of Revenue or other authority to the
Tribunal under this Act.

THE FIRST SCHEDULE

THE SECOND SCHEDULE [Deleted]

The Bombay Revenue Tribunal Act, 1957
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BOMBAY ACT NO. XXXI OF 19581

[THE BOMBAY REVENUE TRIBUNAL ACT, 1957.]
[10th April 1958.]
Amended by Bom. 52 of 1959∗
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrant
Subjects) Order, 1960.

An Act to constitute a Revenue Tribunal for the State of Bombay, to invest it
with jurisdiction to entertain appeals and revise decisions in certain cases, to abolish
corresponding bodies in any part of the State, and to provide for matters connected
therewith.

WHEREAS it is expedient to constitute a Revenue Tribunal for the State of
Bombay, to i nvest it with jurisdiction to entertain appeals and revise decisions in
certain cases, to abolish corresponding bodies in any part of the State, and to provide
for matters connected therewith ; It is thereby enacted in the Eighth Year of the
Republic of India as follows :—

CHAPTER I.
PRELIMINARY.

1. (1) This act may be called the Bombay Revenue Tribunal Act, 1957.

(2) It extends to the whole of the
2[State of Gujarat].

(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.

2. In this act, unless there is anything repugnant in the subject or context,

(a) ''prescribed" means prescribed by rules made under this Act;

(b) "President" means the President of the Tribunal;

CHAPTER II.
CONSTITUTION, POWERS AND FUNCTIONS OF THE 3[GUJARAT]
REVENUE TRIBUNAL.

3. (1) There shall be established, for the State of 3[Gujarat], a Tribunal, to be
called the 3[Gujarat] Revenue Tribunal.

(2) The Tribunal shall consist of the President, and such number of other
members, as may be appointed by the State Government.

4. The qualifications of the President and other members constituting the Tribunal,
the period for which they shall hold office, and their conditions of service, shall be
such as may be prescribed.

5. (1) If any vacancy occurs by reasons of the death, resignation or expiry of the
appointment, or termination of the appointment, of the President or other
member , or for any other cause whatsoever, such vacancy shall be filled by
appointment of a duly qualified person.

(2) If any member of the Tribunal becomes, by reasons of illness or other
infirmity, temporarily incapable of pe rforming the duties of his office, the
State Government may appoint some other person to discharge his duties for
any period not exceeding six months at one time and the person so appointed
shall during that period have the same powers as the person in whose place he
is appointed.

(3) Until the vacancy of the office of the President is filled, the senior- most
Short title, extent
and
commencement.
Definitions.
3[ Gujarat Revenue
Tribunal.]
President and
Members.
Vacancy and
temporary absence.
The Bombay Revenue Tribunal Act, 1957
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member shall act as President.

(4) The Tribunal shall not be deemed to be invalidly constituted merely by
reason of any vacancy or temporary absence referred to in the foregoing sub-
sections,

6. The State Government may, by notification in the Official Gazette, appoint a
Registrar of the Tribunal having such qualifications as may be prescribed ; and may
also appoint, in like manner, such number of Deputy Registrars, having such
qualifications, as may be prescribed, for such areas as may be specified in the
notification.

7. The headquarters of the Tribunal shall be
4[at such place as the State Government
may by order direct].

8. The Tribunal shall ordinarily sit at the headquarters, but may sit at any other place
convenient for the transaction of business, in the 5[ State of Gujarat ], as the
President, with the approval of the State Government, may direct by general of
special order.

9. (1) Subject to the provisions of this section, the Tribunal shall have
jurisdiction to entertain and decide appeals from and revise decisions and
orders of officers, not below the rank of a Collector or Deputy Commissioner,
in respect of cases arising under the provisions of the enactments specified in
the First Schedule.

(2) Save as expressly provided in any enactment for the time being in force,
the State Government may, by notification in the Official Gazette, direct that
the Tribunal shall also have jurisdiction to entertain and decide appeals from,
and receive decisions and orders of, such persons, officers and authorities in
such other cases as the State Government may determine; and for that
purpose the State Government may, by notification in the Official Gazette,
add to, amend or omit, any of the enteries in the First Schedule, and there
upon the Tribunal shall have jurisdiction in such matter and the jurisdiction of
any other persons, officer or authority therein shall cease.

(3) The State Government may, at any time, in like manner, cancel such
notification or omit any entry from the First Schedule and resume to itself
such jurisdiction :

Provided that nothing herein shall prevent the State Government after
such resumption of jurisdiction from conferring any such jurisdiction on any
other person, officer or authority.

(4) Notwithstanding anything contained in any other law for the time being in
force, when the Tribunal has jurisdiction to entertain and decide appeals from
and revise decisions and orders of, any person, officer or authority in any
matter aforesaid, no ot her person, officer or authority shall have jurisdiction
to entertain and decide appeals from and revise decisions or orders of such
person, officer or authority in that matter.

10. (1) The Tribunal shall have no juri sdiction in any matter which is sub-judice
in a court of law.

(2) The Tribunal shall also have no jurisdiction in respect of a matter which in
its opinion involves a question as to the validity of any Act, Ordinance or
Regulation or any provision containe d in an Act, Ordinance or Regulation,
the determination of the invalidity of which in its opinion is necessary to the
disposal of that matter.

Explanation-In this section "Regulation" means any Regulation of the Bombay
Code of Regulation as def ined in the General Clauses Act, 1897, or in a General Clauses
Act in force in any part of the State.

Registrar and
Deputy Registrars.
Head quarters.
Place of sitting.
Jurisdiction of
Tribunal.
Jurisdiction barred
in certain cases.
X of 1879.
The Bombay Revenue Tribunal Act, 1957
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11. Subject to the prov isions of this Act, all jurisdiction in respect to any matter
concerning the revenue or concerning any act ordered or done in the collection
thereof, which immediately before the commencement of this Act, vested in, and was
exercisable by, the State Government or any Tribunal or Board of Revenue and which
is not expressly conferred by this Act on the Tribunal established under this Act and
not conferred or deemed to be conferred on any person, officer or authority by or
under any other law for the time being in force, shall be deemed to have been
resumed to, or, as the case may be, continued in, the State Government and shall be
exercisable by that Government:

Provided that nothing herein shall prevent the State Government from
conferring any such power or jurisdiction, resumed to or continued in that
Government on the Tribunal, or such other person, officer or authority as it thinks fit.

12. Nothing contained in this Act shall affect any powers or functions of the Tribunal
conferred on it or which may be conferred on it, by or under any other law for the
time being in force to entertain and decide any appeals, applications for revision, or
other proceedings.

13. (1) In exercising the jurisdiction conferred upon it by or under this, Act, the
Tribunal shall have all the powers of a Civil Court for the purpose of taking
evidence on oath, affirmation or affidavit, of summoning and enforcing the
attendance of witnesses, of compelling discovery and the production of
documents and material objects, requisitioning any public record or any copy
thereof from any Court or office, issuing commissions for the examination of
witnesses or documents, and for s uch other purposes as may be prescribed;
and the Tribunal shall be deemed to be a Civil Court for all the purposes of
sections 195, 480 and 482 of the Code of Criminal Procedure, 1898, and its
proceedings shall be deemed to be judicial proceedings within the meaning of
sections 193, 219 and 228 of the Indian Penal Code.

(2) In the case of any affidavit to be filed, any officer appointed by the
Tribunal in this behalf may administer the oath to the deponent.

14. (1) Subject to the p rovisions of this Act and to the previous approval of the
State Government, the President may make regulations for regulating the
practice and procedure of the Tribunal, including the award of costs by the
Tribunal, the levy of any process fee, the right of audience before the
Tribunal, the sittings of the members either singly, or in benches constituted
by the President ( or such member as is authorised by him from amongst the
members of the Tribunal), the disposal by the Tribunal, or a bench thereof, of
any proceedings before it notwithstanding that in the course thereof there has
been a change in the persons sitting as members of the Tribunal or bench; and
generally for the effective exercise of its powers and discharge of its
functions under this Act. Where any members sit singly or where any benches
are constituted, such member or bench shall exercise and discharge all the
powers and functions of the Tribunal.

(2) The regulations made under this section shall be published in the Official
Gazette.

15. (1) If at any stage in any proceedings before the Tribunal it appears to the
Tribunal that the proceedings raise a question, as to the interpretation of a
law, and which is of such a nature and of such public importance that it is
expedient to issue notice to the State Government, the Tribunal shall issue
notice to that Government and that Government may, if it thinks fit, appear
and the Tribunal shall then hear the State Government before deciding the
question.

(2) If it appears to the State Government that in its opinion the interpretation
of a provision of law in any proceedings before the Tribunal, is of such a
nature and of such public importance that it is expedient that the State
Government be heard before decision of the question, it may apply to the
Tribunal in such proceedings to be heard; and the Tribunal shall not decide
Jurisdiction of State
Government
resumed.
Powers of Tribunal
under other laws
not affected.
Tribunal to have
power of a Civil
Court,
XLV of 1860.
V of 1898.
Practice and
procedure.
State Government
to be heard in
certain cases.
The Bombay Revenue Tribunal Act, 1957
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the question without hearing the State Government.

16. No appeal shall lie to the State Government against any order passed by the
Tribunal in the exercise of its powers of appeal or revision under section 9.

17. (1) The Tribunal may, either on its own motion or on the application of any
party interested, and where the State Government is heard under section 15 on
the application by that Government, review its own decision or order in any
case, and pass in reference thereto such order as it thinks just and proper :

Provided that no such application made by any party shall be
entertained, unless the Tribunal is satisfied that there has been the discovery
of new and important matter or evidence which after the exercise of due
diligence was not within the knowledge of such party or could not be
produced by him at the time when its dec ision was made, or that there has
been some mistake or error apparent on the face of the record, or for any
other sufficient reason :

Provided further that, no such decision or order shall be varied or revised, unless
notice has been given to the parties interested to appear and be heard in support of such
order.

(2) An application for review under sub-section (1) by any party or, as the
case may be, by the State Government shall be made within 90 days from the
date of the decision or order of the Tribunal :

Provided that in computing the peri od of limitation, the provisions of the Indian
Limitation Act, 1908, applicable to applications for review of a judgment or order of a
Civil Court Shall, so far as may be, apply to applications for review under this section.

18. All orders passed by the Tribunal shall be executed in the same manner in which
similar orders, if passed by the State Government or other competent authority, as the
case may be, could have been executed.

CHAPTER III.
MISCELLANEOUS.

19. Notwithstanding anything contained in the Court -fees Act, 1870, or any
corresponding law in force in any part of the
6[State of Gujarat] no court -fee shall be
levied on any appeal or application made to the Tribunal:

7[Provided that where the Tribunal exercises any powers or functions under
any tenancy law or other special law and that law provides for the levy of court -fee
on any appeal or application to the Tribunal, nothing contained in this section shall
affect the provision for levy of such fee.]

20. (1) The State Government may, by notification in the Official Gazette, make
rules consistent wich the provisions of this Act for carrying into effect the
purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing
provision, such rules may provide for the following matters, namely : -

(a) the qualifications of the President and other members of the Tribunal ;

(b) the period of office and the terms and conditions of service of the President
and other members of the Tribunal ;

(d) any other powers of a Civil Court which may be vested in the Tribunal.

(3) Such rules shall be subject to the condition of previous publication.

21. (1) On the commencement of this Act, the following Acts and provisions, that
is to say,-

No appeal to lie.
Review of orders of
Tribunal.
IX of 1908.
Manner of
executing orders
passed by Tribunal.
Exemption from
court- fees.
VII of 1870.
Rules.
Repeals, savings
and construction.
The Bombay Revenue Tribunal Act, 1957
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(i) the Bombay Revenue Tribunal Act, 1939;

(ii) the Bombay Revenue Tribunal Act, 1939, as extended to the Kutch area of
the State of Bombay;

(iii) the Saurashtra Revenue Tribunal Ordinance, 1949;

(iv) the Hyderabad Board of Revenue Regulation 1358 F;

(v) Chapter II of the Madhya Pradesh Land Revenue Code, 1954, shall be
repealed ;

Provided that such repeal shall not affect-

(a) the previous operation of any law so repealed, or anything duly done or
suffered thereunder; or

(b) any ri ght, privilege, obligation or liability acquired, accrued or incurred
under any law so repealed; or

and any investigation, proceeding or remedy in respect o f any right, privilege,
obligation, liability, penally or forfeiture as aforesaid shall be instituted or
enforced before the Tribunal, and if any proceeding is pending, immediately
before the commencement of this Act, before any Tribunal, Board of Revenue or
other authority constituted or appointed under the provisions of any law so
repealed, it shall on the commencement of this Act stand transferred to the
Tribunal established under this Act, and such proceeding shall be continued and
disposed of before su ch Tribunal and the Tribunal shall have jurisdiction to
entertain and decide all such matters :

Provided further, but subject to the preceding proviso, anything done or
action taken (including any rules, regulations and forms m ade or issued and in
force immediately before the commencement of this Act, all notices issued,)
under any such law repealed shall, in so far as it is not inconsistent with the
provisions of this Act, be deemed to have been done or taken under the
corresponding provisions of this Act, and shall continue to be in force
accordingly, unless and until superseded by anything done or any action taken
under this Act.

(2) Any reference to the law repealed or any provisions thereof as aforesaid,
or to any tribunal, Board of Revenue or other authority constituted by the
laws so repealed, in any law for the time being in force or in any instrument
or other document, shall be construed as a reference to this Act or the relevant
provision thereof, or to the Tribunal res pectively and the Tribunal shall have
and exercise all the powers under any such law, instrument or document.

22. The Acts or provisions thereof set out in column one of the Second Schedule shall
be amended in the manner and to the extent specified in column two thereof.

23. The Tribunal to be constituted under section 3 of this Act may be constituted at
any time after the passing of this Act and before its commencement; but the Tribunal
so constituted shall not begin to function (except as to the framing of regulations and
as to other matters referred to in section 22 of the Bombay General Clauses Act,
1904) till the commencement of this Act; and on such commencement, any other
tribunal, Board of Revenue or corresponding body, shall be deemed to be dissolved
and the members thereof shall be deemed to have vacated their office.

Bom. XII of 1939.
Bom. XII of 1939.
Sau. Ord. XX of
1949.
Hyd. Reg LX of
1358F.
M.P. Act. II of.
1955.
Consequential
amendments.
Transition from
existing tribunal,
Board of Revenue
or other authority to
the Tribunal under
this Act.
Bom. I of 1904.
The Bombay Revenue Tribunal Act, 1957
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FIRST SCHEDULE
(See section 9)
Appellate or revisional jurisdiction agai-
Name of enactment nst orders or decisions in cases arising under the
following provisions.
1 2

1. The Bombay Land Revenue Section 37 sub-section (2).
Code, 1879 (Bom. V of Section 39A.
1879). Section 43.
Section 46.
Section 47.
Section 51.
Section 61.
Section 79A, except clause (b) thereof.
2. The Bombay Land Reven- Section 37, sub-section (2)
ue Code, 1879 (Bom. V of Section 39A.
1879), as extended to the Section 43.
Kutch area of the State of Section 46.
Bombay. Section 47.
Section 51.
Section 61.
Section 79A, except clause (b) thereof.
3. The Bombay Land Reven- Section 37, sub-section (2).
ue Code, 1879 (Bom. V of Section 39A.
1879), as adapted and appl- Section 43.
ied to the Saurashtra area Section 46.
of the State of Bombay. Section 47.
Section 51.
Section 61.
Section 79A, except clause (by thereof.
8[ * * * * * * *]
9. The Indian Forest Act, 1927 Section 11.
(XVI of 1927) Section 12.
Section 15.
Section 16.
10. The Indian Forest Act, Section 1.
1927 (XVI of 1927), as ada- Section 12.
pted and applied to the Section 15.
Saurashtra area or the State Section 16.
of Bombay.
9[ * * * * * * *]

SECOND SCHEDULE

Omitted by the Gujarat Adaptation of laws (State and Concurrent Subjects) Order,
1960.]

---------------------

The Bombay Revenue Tribunal Act, 1957
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1 For Statement of Objects and Reasons, See Bombay Government Gazette, 1957, Extra., Part, V, p. 316.
∗ Section 3 of Bom. 52 of 1959 reads as under : -
"3. Notwithstanding anything contained in any judgment, decree or order of a Court, any court fee
levied or paid on and after the commencement of the principal Act but before the commencement
of this Act on an y appeal or application to the Tribunal in accordance with the provisions of
any tenancy law or other special law referred to in section 2 of this Act shall be deemed
to have been validly levied or paid and the validity of such levy or payment shall not be called in
question merely on the ground that the provisions relating to court -fees in such law were affected by
the provisions of section 19 of the principal Act. "]
Validation of court- fees levied on appeals and apptications to Tribunal under special law.
2 These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
3 This word was substituted for the word "Bombay" by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960 .
4 These words were substituted for the words "in Greater Bombay" by the Gujarat Adaptation of Laws
( State and Concurrent Subject) Order, 1960.
5 These words were substituted for the words "State of Bombay", by the Gujarat Adaptation of Laws
( State and Concurrent Subject) Order, 1960 .
6 These words were substituted for the words " State of Bombay, " by the Gujarat Adaptation of
Laws State and Concurrent Subjects) Order, 1960
7 This proviso was added and was deemed always to have been added by Bom. 25 of 1959, s. 2.
8 Entries 4,5,6,7 and 8 were Omitted by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
9 Entry 11 was omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order,
1960.

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